The Committee is concerned that individuals who enter onto the territory of the State party irregularly may be detained for an unlimited period of time and that under Section 20.1 (1) of the Immigration and Refugee Protection Act (“IRPA”), any migrant and asylum-seeker designated as an “irregular arrival” would be subject to mandatory detention , or until the asylum-seeker’s status is established, and would not enjoy the same rights as those who arrive “regularly.” The Committee is also concerned that individuals who are nationals of Designated Country of Origin are denied an appeal hearing against a rejected refugee claim before the Refugee Appeal Division and are only allowed judicial review before the Federal Court, thus increasing a risk that those individuals may be subjected to refoulement [returned to a place where they faced a risk of being tortured]. The Committee is further concerned about the 2012 cuts to the Interim Federal Health Program which has resulted in many irregular migrants losing access to essential health care services (arts. 2, 7, 9, 13).
UN Human Rights Committee, Concluding Observations Report, mistreatment of immigrants and refugees.
The Concluding Observations Report of Canada revealed a concern held by the United Nations Human Rights Committee regarding the treatment of refugees and migrants attempting to enter Canada. The UN Human Rights Committee conducts reviews of countries’ protocols in relation to human rights typically every four years.This review of the Canadian government was deemed necessary because it was so long overdue, as the UN Human Rights Committee hadn’t conducted a report of Canada’s policies in over a decade. The concluding report conducted by the Committee revealed their observations and recommendations for Canada’s immigration policy.
The mistreatment of illegal immigrants who were to be considered an “irregular arrival”, suspected smuggler, was justified under the current policy for immigrants and refugees, the Immigration and Refugee Protection Act (IRPA). The committee also touches on the blatant disregard of rights that are given to refugees during an appeal process and the imminent risk this presents to refugees. As well as the denial of “essential health care services” to irregular migrants, those whom stay or work in a country without the necessary authorization or documents required under immigration regulations according to the International Organization for Migration. This observations report reveals the impending problem for the status of refugees and immigrants within Canada’s borders.
This review of Stephen Harper’s, Canadian Prime Minister from 2006 to 2015, policies was produced through many reviews of both Canada’s governmental agencies and non-governmental agencies. This report held by the United Nations adequately reveals the inadequacy of Canada’s immigration policy by 2015, 13 years since IRPA was enacted in 2002, and how it is viewed from a global human rights perspective.
The United Nations Human Rights Committee has a clear preference in their viewpoint and has a bias towards every human’s individual rights, which faintly clouds the message of the report. This was voiced by the UN as a caution to the Canadian government.
Gavin Lewis